The loss of a parent leaves a void that can never be filled, but when that loss is due to someone else's negligence or misconduct, the feelings of anger and injustice are just as profound as the pain.
At Oakes Firm, we understand this pain. Our mission is to lift the legal burden from your shoulders so you can focus on healing. For years, we have served as a relentless advocate for families in Philadelphia securing millions of dollars in awards and settlements.
We believe that when a family has been wronged, they deserve a true fighter on their side. Someone who is aggressive, knowledgeable, and genuinely cares about their well-being. We will explore Pennsylvania law, what you need to prove, and how Oakes Firm can help you pursue the justice you deserve.
Speak with an experienced Philadelphia wrongful death lawyer today. Contact Oakes Firm for a free consultation.
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Understanding Wrongful Death in Pennsylvania
A wrongful death claim is a civil lawsuit filed against a party whose negligent, reckless, or intentional actions caused the death of another person. It is not a criminal case; instead, its purpose is to provide financial relief to the surviving family members who have suffered losses as a result of the death.
In Pennsylvania, the law is specific about who can file a wrongful death claim and what damages they can seek. This is where it’s essential to have a seasoned attorney who knows the nuances of state law and can build a powerful case on your behalf.
Who Can File a Wrongful Death Claim in Pennsylvania?
Under Pennsylvania law, the right to file a wrongful death lawsuit is granted to a specific group of people. The claim must be initiated by the personal representative of the deceased person's estate. This is often an individual named in the decedent's will or, if there is no will, a person appointed by the court.
While the personal representative is the one who files the lawsuit, they do so on behalf of the deceased's beneficiaries. In Pennsylvania, the primary beneficiaries are the surviving spouse, children, and parents. This means that, yes, adult children are legally considered beneficiaries who can recover damages in a wrongful death claim for a parent.
It is critical to note that the law prioritizes these beneficiaries. If a person dies with a surviving spouse and children, they are the ones who can recover. If there is no spouse or children, the parents may be eligible.
If there is no spouse, children, or parents, other relatives may be able to file, but this is a rare exception and often only to recover specific expenses like medical and funeral costs.
What Must Adult Children Prove to Recover Damages?
While adult children are eligible to be beneficiaries, simply having the legal relationship is not always enough to secure compensation in Pennsylvania. To recover damages in a wrongful death action, an adult child must be able to demonstrate a pecuniary loss.
This is a crucial point and a common hurdle for many adult children. Pecuniary loss is the destruction of a reasonable expectation of a financial or monetary advantage from the deceased.
In simpler terms, you must show that you suffered a financial loss due to your parent’s death. This can be more straightforward for a minor child, where the law assumes a financial loss in the form of parental support and guidance. For adult children, however, you must affirmatively prove this loss.
Examples of pecuniary loss for an adult child can include:
- Financial Support: Your parent regularly and consistently provided you with financial gifts, help with bills, or other forms of monetary support.
- Services: Your parent provided valuable services that have a monetary value, such as childcare, home maintenance, or other forms of assistance that you now must pay for.
- Inheritance: You have lost the reasonable expectation of an inheritance or other financial benefit that you would have received had your parent not died.
The legal standard is not about occasional help but a pattern of consistent support or services that you had a reasonable expectation would continue. This is where the compassionate, client-focused approach of Oakes Firm truly matters.
We work closely with our clients to gather the necessary evidence, from financial records to witness testimony, to build a compelling case that proves your pecuniary loss and fights for maximum compensation.
The Two-Year Statute of Limitations: A Critical Deadline
The legal process for a wrongful death claim in Pennsylvania is governed by a strict deadline known as the statute of limitations. In almost all cases, a wrongful death lawsuit must be filed within two years from the date of the person's death. If you miss this deadline, you will likely lose your right to pursue a claim and recover any compensation.
This is why it is vital to contact an experienced personal injury and wrongful death attorney as soon as possible after the death of your loved one. While you are grieving, the clock is ticking. Oakes Firm can take on the legal burden immediately, ensuring all deadlines are met and that your rights are protected from day one.
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Wrongful Death vs. Survival Action: Understanding the Difference
In Pennsylvania, a wrongful death claim is often filed alongside a Survival Action. While both are crucial for securing justice, they serve different purposes and compensate for different losses.
- Wrongful Death Claim: This action seeks to compensate the surviving beneficiaries for the losses they have suffered as a result of the death. Damages can include funeral and burial expenses, the value of the deceased's lost services and financial support, and the loss of companionship, society, and comfort.
- Survival Action: This action is brought on behalf of the deceased person’s estate and seeks to recover damages that the decedent themselves could have claimed had they survived. This includes compensation for the deceased's medical expenses incurred between the time of injury and death, as well as their pain and suffering.
An experienced Philadelphia personal injury lawyer will pursue both claims simultaneously to maximize your family’s recovery. While the proceeds from a wrongful death claim go directly to the beneficiaries, the funds from a survival action are distributed through the deceased's estate according to their will or, if there is no will, through Pennsylvania's intestacy laws.
What Causes Wrongful Death?
Wrongful death can stem from a wide range of negligent or intentional acts. The cause of death is the cornerstone of your legal claim, and it's essential to identify who was at fault. At Oakes Firm, we have extensive experience handling wrongful death claims arising from various causes, including:
- Car, Truck, and Motorcycle Accidents: When a fatal accident is caused by a drunk, distracted, or reckless driver, the at-fault driver can be held liable. We also investigate whether mechanical failures or road defects contributed to the crash.
- Medical Malpractice: This occurs when a healthcare professional's negligence leads to a patient's death. Examples include surgical errors, misdiagnosis, failure to treat, or medication mistakes. Our firm has the skill to take on complex medical malpractice cases and hold negligent parties accountable.
- Construction and Workplace Accidents: Employers and property owners have a duty to provide a safe working environment. When a worker dies due to safety violations, faulty equipment, or inadequate training, we fight to hold the responsible parties liable.
- Product Liability: Manufacturers and sellers are legally responsible for ensuring their products are safe. If a dangerous or defective product, such as a faulty medical device, an unsafe vehicle component, or a hazardous household item, causes a death, we can pursue a claim against the company.
- Premises Liability: Property owners must maintain a safe environment for visitors. A wrongful death claim may arise if a parent dies from a slip and fall, a lack of security, or other unsafe conditions on someone else's property.
No matter the cause, Oakes Firm's aggressive and meticulous approach ensures that we uncover the full story and identify all parties who may be held responsible. We build a powerful case from the ground up, fighting for your family every step of the way.
How Oakes Firm Fights for Your Family
Losing a parent is one of the most painful experiences imaginable. When that loss is due to someone else's negligence you need a legal team that is ready to fight with unwavering determination.
At Oakes Firm, we are not afraid to take on big insurance companies and powerful corporations. Our firm, led by Super Lawyers Rising Star and National Trial Lawyers "Top 40 Under 40" attorney Thomas G. Oakes II, has a track record of aggressive advocacy and proven results.
We have helped families just like yours secure millions of dollars, providing them with the financial security and sense of justice they deserve. When you entrust us with your case, we will handle every detail, so you can focus on what matters most: your family's healing.
Our Commitment to You:
- Free and Compassionate Consultation: Your first step is a conversation, not a commitment. We will listen to your story with genuine empathy, explain your legal options in plain language, and answer all your questions without any financial obligation. This initial meeting sets the foundation for our trusting relationship.
- Thorough Investigation and Case Building: We don't just take your word for it—we prove it. Our team will meticulously investigate the circumstances of your parent's death, gathering crucial evidence such as police reports, medical records, and witness statements. We consult with leading experts in fields ranging from accident reconstruction to medical analysis to build a powerful and undeniable case.
- Aggressive Negotiation with Insurers: Insurance companies are not on your side; they are businesses focused on minimizing payouts. We know their tactics, and we deal directly with them. We will aggressively negotiate for a full and fair settlement that reflects the true value of your family's financial and emotional loss, including lost income, future earning potential, and the loss of companionship. Our reputation for fighting hard often encourages a better settlement offer without the need for a trial.
- Relentless Litigation: If the insurance company refuses to offer a fair settlement, we are always prepared to take your case to court. Our firm's experience in the courtroom and our willingness to litigate sends a clear message that we will not back down. We will fight for your rights before a judge and jury, presenting a compelling case for the maximum compensation you are owed.
- Personalized Attention and Support: You are not just a case number to us. We genuinely care about our clients and the outcome of their cases. We commit to always keeping you informed with timely updates and are always ready to take your calls and answer your questions. Our goal is to make the legal process as easy as possible, lifting the additional stress off your shoulders so you can grieve without added worry.
- Handling the Hard Stuff: The aftermath of a wrongful death is filled with logistical challenges. We can help you navigate difficult tasks like negotiating medical bills and dealing with paperwork, ensuring that you are not taken advantage of by third parties while you are most vulnerable. We are here to be your advocate, your guide, and your true fighter for justice.
Don’t Wait to Seek Justice
The death of a parent is a shock, and the legal process that follows can feel daunting. But you do not have to face this battle alone. The sooner you act, the sooner our team can begin to build your case and protect your rights.
If you or a loved one has suffered the wrongful death of a parent in Philadelphia, do not hesitate. Our aggressive and compassionate attorneys are ready to fight for your rights and for maximum compensation. We're here to make things easy and secure you justice.
Contact Oakes Firm today at (267) 310-0656 for a free, no-obligation consultation.